20120144 Ver 4_Buffer and/or Stream Determination Request_20180219

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WILDLANDS
ENGINEERING
February 14, 2018
Ms. Karen Higgins
DWR-401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Stream Determination Appeal
Capps Bridge Buffer and Nutrient Mitigation Bank
Wayne County, NC
Dear Ms. Higgins,
FEB 1 9 2018
REQ -WATER RESOURCES
On January 24, 2018, NCDWR staff evaluated the water feature on the North side of the intersection of
Pikeville -Princeton Road and Capps Bridge Road in Wayne County as shown in the attached figures.
DWR staff issued a letter to the landowner dated January 29, 2018 stating that the feature was a man-
made ditch and not subject to the Neuse Buffer Rules.
Wildlands would like to appeal this decision and request another visit to the site to determine if the
stream is at least intermittent. The stream is a low slope, sand bed system with a strong base flow
presence and an adequate drainage area to support an intermittent stream.
I have attached the stream determination letter for your reference.
Please let me know when the second site visit will take place and 1 will coordinate the visit with the
landowner and meet your staff onsite.
Thank you for your consideration. If you have any questions, please contact me at 919-440-1287 or
[e-mail].
Sincerely,
_��; _V
Daniel Taylor
\1 I dlamk I [n.L. laic ^ hhtgll I -INN" _ ' I? Vl y1illlai10k IR I_ iLWC ''c o Rdklr Llh v(

Water Resources ~
Environmental Qualily
January 29, 2018
Bridgers Delmus Family Limited Partnership
ATTN: Mr. Bridgers Delmus
800 Logan Street
Goldsboro, North Carolina 27534
ROY COOPER
Go vernor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
12-0144 v3
WAYNE County
Subject: On -Site Stream Origin Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 028 .0233)
Subject Property/ Project Name. Capps Bridge Buffer and Nutrient Mitigation Bank
Address/Location: N side of the intersection of Pikeville -Princeton Road and Capps Bridge Road
Stream(s) Evaluated: 1(UT to Buck Swamp, Class WS -IV; NSW; Stream Index #27-57-20.7-1, Neuse River Basin)
Determination Date: January 24, 2018 Staff: Chris Pullinger, Katie Merritt
Determination Type:
Buffer: Stream:
® Neuse (15A NCAC 028 .0233) ❑ Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 0213 .0259)
❑ Catawba (15A NCAC 02B.0243)
❑ Jordan (15A NCAC 02B.0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 028 .0250)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
Stream
E/I/P"
Not Subject
Subject
Start@
Stop@
Soil
65G5
Survey
Topo
12-0144
man-made/ditch
X
12-0144 v3
12-0144 v3
X
v3
w
Start
End
CAP = r=phemeraOntermittent/Perenniaf
The Division of Water Resources has determined that the streams listed above and included on the attached map
have been located on the most recent published MRCS Soil Survey of Wayne County, North Carolina and/or the
most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse
Riparian Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least
intermittent or not present on the property. Streams that are checked "Subject" have been located on the
property and possess characteristics that qualify them to be at least intermittent streams. There may be other
streams or features located on the property that do not appear on the maps referenced above but may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWR may request a determination by the Director. An appeal
request must be made within sixty (60) calendar days of date of this letter to the Director in writing.
'Nothing Compares
State of Nodi Carolina I Environmental Quality I Water Resources -Water Quality Regional Ol ralions Section -Washington Regional Other
943 Washington Square Mall, Washington, Noah Carolina 27889
252-946.6481

!f sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc. J:
c% Karen Higgins
DWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Raleigh Regulatory Field Office at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at [phone].
Sincerely,
TA
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy
LASERFICHE
Katie Merritt, DWR Central Office (via e-mail: [e-mail])
Daniel Taylor, Wildlands Engineering, Inc. (via e-mail: [e-mail])
Andrea Eckardt, Wildlands Engineering, Inc. (via e-mail: [e-mail])

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